Key facts
- Married couples
- Usually the community of acquests by default
- Others
- Co-owners in agreed shares, stated in the deed
- Joint consent
- Spouses generally both consent to buying property
- Tip
- Put a co-ownership agreement in writing
Married couples
Most couples who marry in Malta fall under the community of acquests unless they chose a different regime by public deed. Property bought during the marriage generally belongs to both spouses in equal shares, and buying immovable property normally needs both spouses’ consent. Property owned before the marriage, inherited or received as a gift usually stays separate (paraphernal). Couples married abroad may be under a different regime — tell your notary early.
Unmarried couples, family and friends
Co-owners can hold the property in any agreed shares, which the deed records. Think ahead about:
- Who pays what — deposit, loan repayments, costs.
- What happens if one wants to sell — rights of first refusal, valuation.
- What happens on death — co-ownership does not replace a will; see inheriting property.
A written co-ownership agreement, prepared by a lawyer, avoids most disputes.
Finance
Joint buyers usually apply for a mortgage together and are jointly responsible for it. See mortgages in Malta.
Your notary will confirm the right structure before the promise of sale.
